Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-07
strict RAILROADS.
MEASURES ADOPTED BY THE CITY
TRUSTEES
Frank d. Myers Energetic Man
ner of Doing Business.

4
Frank d. Myers Energetic Man
ner of Doing Business.
A special meeting of the City Trustee
was held yesterday afternoon for the pur
pose of acting upon the application for {
cable or electric motor street railroad
There were several citizens present, includ
ing Judge Beatty, DR.. Simmons and F. R
Dray, committee from the Citizens I'm
proyement Association. After explaining
the object of the meeting, Mayor Gregory
proceeded to read the draft of franchise
to A. Abbott, Edwin K. Alsip and L. L.
Lewis for a cable road or road with cleo
tricity as the motive power. Also, the in
dorsement of City Attorney Hart that the
franchise was properly worded and in &C
cordance with the codes and the city
charter.
Judge Beatty presented the resolution
adopted by the Executive Committee of the
Improvem ent Association Monday evening,
recommending that the franchise be so
amended as to give the proposed builders
of the road four months, instead of sixty
DAYS. within which to commence construc-
ton, and that the work be prosecuted con-
tinuously to completion, at least ten blocks
to be put in perfect running order each
year.
RI. Devlin appeared as counsel for the
petitioners for the franchise, and suggested
that the word continuously" was am
biguous and that good order" would do
better than perfect" order. He also
thought that his clients should be protected
by clause exempting them from the loss
of their franchise if they should fail to
complete as many blocks as were required
because of
UNFORESEEN CONTINGENCIES,
Such as flood, cars bringing the apparatus
and material from the East meeting with
an accident. strike of the men building
the road, or anything of that character
The company willing and would agree
to build ten blocks per year-may be 25, or
at all events as many as they were able-on
such streets as they deemed most profita-
BILE; but the word continuously" might
be construed to mean that they must work
night and day, and every day, though of
course the proper way of interpreting it
should be that the bodybuilding should be
Law. The company were taking great risks,
were putting $4,000 or more in the hands
of the Trustees, and they desired matters
to be arranged reasonably and in business
like manner.
Judge Beatty suggested that ordinary
working days and hours" might be ac-
ceptable.
Mayor Gregory thought it would be too
arbitrary to demand a forfeiture of the
franchise if the company, working in good
faith, should only be able to build nine
blocks in some one year, because of their
running out of material or from any other
cause.
Trustees Ryan and Jones believed that
the City Trustees would always be willing
to grant an extension of time if there was
reasonable cause shown. If the company
acted in good faith there would be no
trouble.
AFTER CONSULTATION
Between the members OF the Improvement
Associations committee and the parties
principally interested, Judge Beatty read
an amendment, which had been agreed to,
providing that the work of construction
should be commenced in four months, and
that it should be prosecuted as diligently
and continuously as possible until COM
pleted. Ten blocks to be finished in good
order each year, unless prevented by I'M
avoidable accidents or unforeseen contin-
gencies.
Mr.. Devlin said it might be well to strike
Mr.. Abbott's name from the franchise, as
he had withdrawn from the enterprise, but
the proposition was not pressed.
The Mayor put the question upon the
passage of the ordinance granting the fran
chise, and, there being no objection, it was
declared granted.
FIR Dray hurriedly addressed the Mayor
and interposed an objection. He under
stood the vote was only on the adoption of
the amendment. He was present to call
the attention of the Board to other matters
in the franchise which he considered
needed attention, in the interest OF the city.
Mr.. Deylin interposed ali objection to the
objection. The duty of the Improvement
Associations committee ended with the
adoption of the amendment relative to the
time of commencement of the work and
the amount to be done per year OF course
Mr.. Dray had a right to appear for himself,
but his duty as representative of the I'm
provement Association was over. That
BODY was satisfied with the ordinance as
amended, and wanted it passed.
Mr. Dray replied that he was willing to
be considered as representing himself, and
that he also represented some prominent
citizens who had called his attention to
matters in the franchise in which the pub
lie was interested. He was not fighting
the franchise, and was not opposed TO 1t +;
but there were two or three things in 1t
that should be attended to before it was
passed, as sometime the franchise might
pass into the hands of other parties than
those now seeking it.
After a lively interchange of remarks
between Messrs. Dray and Devlin, the
former proceeded to point out
WHAT HE THOUGHT WAS WRONG.
First-The franchise virtually granted
the right to build a motor road with
standing impedIments in the street, as at
Los Angeles, with unsightly yardarms, as
they might be called.
Mr.. Alsip-I wouldn't have it, or any
thing like it.
Mr.. Dray said he was guarding against
others who might own the rod hereafter,
and not Mr.. Alsip.
Second-The franchise allowed the COM
pany to run a road from the depot through
Third street to J, J 10 Ninth, Ninth to N, n
to Twenty eighth, and Twenty eighth tc
Y. Under the law, another road can use
the track already laid by company fol
| five blocks in any one street, by paying
one-half the cost of constructing the same
| but could not use more tnaH nFe DOCKS
| This franchise gave the use OF six block:
on J street, between Third and Ninth, and
supposing the company, after building the
section of road to Twenty-eighth and Y
streets, concluded not to build the portion
running out street to Thirty-first no Other
| company which was willing to build on
street hereafter would be able to get to the
depot over that route, through Third street
because there would be one block of road
| that they would not be entitled to pas;
over; consequently there would not be any
road running out street. and the citizen;
would in future years suffer.
Third-The charter grants to those We
know now and to parties hereafter whom
we do not know, the right to charge moi
h, more than 10 cents for one fare nor more
than twenty-five cents for four. Such 6
privilege was too great to grant for fifty
years.
MR.. DEvLIN RESPONDING,
Took up the last objection first, and de
| clared that it was immaterial whether the
rate was in the ordinance or not, as tn,
| State law fixed the maximum street rail
road fare at ten cents for any distance in
side of three miles. The City Trustees haC
the same right to regulate the rate of far,
| ,ba Tot hos m lafa for